Battery

Question 1

1. D may have commited Battery Under Common Law…

Answer 1

D may have committed Battery under Common Law, and charged under Section 39 of the Criminal Justice Act 1988, defined as:

“the intentional or reckless application of unlawful force”, as in ROLFE.

Question 2

2. The Actus Reus is the application of unlawful force. The Force need not be…

Here…

Answer 2

The ACTUS REUS is the application of unlawful force. The force need not be hostile but must not be consented to, no injury is needed (THOMAS) but the force will be more than “everyday contact” (COLLINS v WILLCOCK).

Here D’s act was unlawful force as [eg. although there was no injury, D pushed V in the street which is more than everyday contact / kissed V against her wishes].

Question 3

IF RELEVANT: Direct Physcial Contact is not needed….

Answer 3

IF RELEVANT: Direct Physical Contact is not needed (DPP v K , SAVAGE). Contact with clothing is enough (THOMAS) and it can happen through an omission (DPP v Santa-Bermudez).

Here there was unlawful force as [eg. D threw the drink in V’s face / D touched V’s dress against her wishes].

Question 4

4. The MENS REA is intention or subjective recklessness AS TO the application of unlawful force, as in VENNA.

Answer 4

The MENS REA is intention or subjective recklessness AS TO the application of unlawful force, as in VENNA.

Here D [ CHOOSE ONE: EITHER D has specific/direct intention as to the application of unlawful force as she decided to bring about the particular consequence of unlawful force (MOHAN) when [eg. pushing V in an argument]

OR

D was subjectively reckless as to the application of unlawful force as D foresaw a risk of unlawful force and carried on regardless (CUNNINGHAM) when [ eg. she threw her drink over her shoulder and it hit V].

Question 5

IF RELEVANT: The Transferred Malice principle applies where…

Answer 5

IF RELEVANT: “The Transferred Malice Principle applies, where a crime intended for one person falls on another by accident, as in Latimer, so D will still be liable as the Mens Rea is transferred from X to V.”

TO CONCLUDE, D is likely to be liable as the AR and MR are satisfied.